E-Discovery, the electronic aspect of identifying, collecting, and producing electronically stored information (ESI) in response to a request for production in a lawsuit or investigation, is becoming an intrinsic part of virtually all forms of litigation. As the digital universe expands, the legal and technical challenges that accompany e-discovery are transforming.
In an article written by Paul Weiner, Denise Backhouse, and Gretchen Marty, they predict future developments in e-discovery, suggesting a progression in practices and policies in a variety of areas.
One of the areas tipped for change is the expanded use of relevance redactions. These are a crucial tool in filtering the electronically stored information for data relevant to the litigation at hand. As data volumes increase, methods for finding relevant information need to evolve, and relevance redactions can play a significant role in this.
Information security provisions mandated in protective orders are another area expected to evolve. Given the emphasis on data privacy and security in recent years, these provisions are becoming increasingly important in the realm of e-discovery. This could result in additional measures being put in place to ensure that sensitive information is kept secure during the discovery process.
In closing, as the phrase typically attributed to the Nobel Prize-winning physicist Niels Bohr goes: “It’s difficult to make predictions, especially about the future.” It may be hard to forecast with absolute certainty the future trajectory of e-discovery but trends indicate that practitioners can expect continued evolution and dynamism in this field.